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V0510-16 9 February 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · prestación de desempleo

Exemption for lump-sum unemployment benefits is maintained if there is a change in economic activity

A taxpayer asks whether a change in economic activity (from hospitality to jewelry) breaks the exemption for the unemployment benefit received as a lump sum. The DGT responds that the exemption is maintained as long as there is no interruption in the conduct of an economic activity.

The question raised

Question posed: Application of the exemption to the unemployment benefit received as a lump sum.

The DGT's ruling

Article 7.n) of Law 35/2006 requires self-employed workers to maintain an activity for five years, but does not require the activity carried out to be the same. Therefore, if the taxpayer carries out an economic activity without interruption during the prescribed period, the exemption is not lost. In the specific case, the exemption would not be lost provided there is no interruption in the conduct of the economic activity.

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